Opinion
1:21-cv-01558-DAD-GSA
04-06-2022
DORALINDA LOPEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS
(DOC. NOS. 3, 5)
On October 22, 2021, plaintiff Doralinda Lopez filed this action seeking judicial review of the final decision of the Social Security Commissioner denying her application for benefits under the Social Security Act. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 25, 2021, the assigned magistrate judge issued findings and recommendations recommending that plaintiff's motion to proceed in forma pauperis (Doc. No. 3) be denied because plaintiff failed to show that she is unable to pay the required filing fees pursuant to 28 U.S.C. § 1915. (Doc. No. 5.) Those findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days of service. (Id. at 2.) No. objections have been filed and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court concludes that the findings and recommendations are supported by the record and proper analysis.
Accordingly:
1. The findings and recommendations issued on October 25, 2021 (Doc. No. 5) are adopted in full;
2. Plaintiff s motions to proceed in forma pauperis (Doc. No. 3) is denied;
3. Within fourteen (14) days following service of this order, plaintiff shall pay the $402.00 filing fee in full in order to proceed with this action or face dismissal without prejudice to refiling upon payment of the filing fee;
4. Failure to pay the required filing fee in full within the specified time will result in the dismissal of this case; and
5. The matter is referred back to the magistrate judge for proceedings consistent with this order.
IT IS SO ORDERED.